AboutCharles W. Field Expertise Georgia: I have a general civil practice in Georgia. I represent mostly individuals and small businesses. I perform a wide variety of legal services, from wills to business and personal litigation. I have a large personal injury practice.
Question Three years ago we founded a small non-profit organization to assist lower income individuals with the cost of spaying or neutering their pets. We named our organization after a local woman and close friend who dedicated her life to animal rights with her blessing. About six months ago she passed away. Her family now is threatening us with an injunction saying our organization has no right to continue to use her name. This is happening because one of our board members testified against her nephew/guardian in an elder abuse court case. Of course they waited until after her passing to do this so she can't speak for herself. They ask if we have anything in writing from her giving us permission when they know she was unable to write for at least the last 4 years of her life. We included her as much as possible in our mission and she was very proud and supportive.
They are also telling us that we will be resposnsible for theit legal expenses if we lose.
Will we be responsible for their expenses and do we stand a chance of keeping our name?
Thank you for any advice you can give.
Answer Since I don't what state you are in, I can't give you a definite question. However, my first thought is that since everybody was obviously aware that you were using her name and no one raised an objection, I would think that you are in good shape. However, I would advise you to consult with a local attorney to see if that jives with your state law.
